In the case of Taylor Goodchild Ltd v Taylor & others  EWHC 2000 (Ch), the Vice-Chancellor struck out claims brought by the Claimant against a former director and shareholder. The Court found that the claims were an abuse of process as the claims could and should (bearing in mind that they arose out of the unfair prejudice complained of) have been raised and compensated for in the previous unfair prejudice proceedings between the former shareholder and his business partner who now, as a result of the order made on that petition, had control of the Claimant. The Court stressed the need to ensure, as far as possible, a clean break when an order is made on a petition for one shareholder to buy other the other and to therefore ensure that all claims the shareholder parties and the company may have are raised in the proceedings.
Mark Harper QC, instructed by DWF (Lee Norman and Dan Williams) acted for the successful Defendants.
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